Rafale: Judgment obtained through multiple falsehoods and suppression, petitioners in rejoinder
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Rafale: Judgment obtained through multiple falsehoods and suppression, petitioners in rejoinder

Shruti Mahajan

The Central Government misled the Supreme Court through the notes submitted in a sealed cover in the Rafale case, the petitioners have reiterated in their rejoinder affidavit.

“The government has also suppressed material and relevant information from the Hon’ble Court And obtained the impugned Judgment on the basis of fraud played upon the Hon’ble Court by the government.

The “suppression of relevant facts” by the government is the reason for the Petitioners filing an application seeking production of relevant documents, the affidavit says.

The petitioners seeking the production of relevant documents in the case cannot be equated to seeking a fishing and roving inquiry, the affidavit states.

As regards the prayer for directing the CBI to register an FIR in the case, the petitioners have submitted that the law laid down by the Supreme Court mandates FIR to be registered in case a complainant discloses material which prima facie discloses the commission of a cognizable offence.

The affidavit also goes on to add that the CAG report upon which reliance was placed by the government should be assessed in light of the fact that the government predicted that the CAG would redact the final report and it has.

Further, the CAG report is silent on offsets, parallel negotiations and ex post facto AON. Also, it concedes that the waiver of Bank Guarantees was a “saving” for Dassault and yet fails to account for the impact of the same when stating that procurement of 36 aircraft was 2.86 percent cheaper than 126 aircraft procurement.

Given that the impugned judgment has been obtained through multiple falsehoods and suppression of material and relevant information, it needs to be recalled, the petitioners contend.

The Supreme Court is scheduled to hear the review petition on Friday, May 10.

[Read Rejoinder Affidavit]

Rejoinder-Rafale_1.pdf
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